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STATE v. F/R CATTLE CO., INC.

No. 11-91-201-CV.

875 S.W.2d 736 (1994)

STATE of Texas, Appellant, v. F/R CATTLE COMPANY, INC., Appellee.

Court of Appeals of Texas, Eastland.

April 20, 1994.

Attorney(s) appearing for the Case

Suzanne Latting, Ken Cross, Greg A. Cooke, Asst. Atty. Gen., Chief, Environmental Protection, Austin, for appellant.

John Turney, Bernsen, Jamail & Goodson, L.L.P., Austin, Robert J. Glasgow, Glasgow & Taylor, Stephenville, Stuart N. Henry, Henry, Lowerre, Hess & Fredrick, Austin, for appellee.

OPINION

McCLOUD, Chief Justice.

On Remand

The issue on remand is whether the evidence is factually sufficient to support the trial court's findings that the calf feeding facility operated by F/R Cattle Company, Inc. was normal, usual, and natural for "the area and locality" and that the odor produced by the facility was normal and usual for "the vicinity."1 We hold that the evidence is sufficient and affirm....

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